Keep our community attractive and safe
State and local laws prohibit grass clippings in the street

 

[May 25, 2019] 

Typically Memorial Day weekend marks the unofficial beginning of summer. School is out for many, vacation time is starting for some, and the opportunity to get outside and enjoy the warmth and beauty of nature is more than tempting for most.

For those who are motorcycle enthusiasts, it is also a great time to break out the bike and take a nice ride.

Bikes are hot engines on two wheels with little or no protection from crashes. Therefore, bikers look for dangers and hope that they don’t find any. It is a good time for local folks to remember that there are things they can do right in their own yard to make biking safer and more enjoyable for their friends, neighbors, and just folks that are coming to town to enjoy the sites.

One of the most important things that residents of Lincoln, Atlanta, Mount Pulaski, Elkhart and all points in between can do is to remember while making lawns look nice, avoid blowing grass and leaves into the streets.

Grass in the street is as hazardous as ice in the wintertime as it creates a slippery layer between the tire and the road that can cause loss of vehicle control, especially for motorcycles.

It is against the law in the state of Illinois as well as in most of our communities to put grass clippings into the street for any reason. The rules or laws from the State of Illinois are listed below. Please note that continued violation of the law can result in the third act being prosecuted as a felony.

The law allows for fines as well as time served under supervision cleaning up the mess made.

Here are the laws pertaining to grass clippings from the Illinois State General Assembly:

(415 ILCS 105/1) (from Ch. 38, par. 86-1)
Sec. 1. This Act shall be known and may be cited as the "Litter Control Act".
(Source: P.A. 78-837.)

(415 ILCS 105/3) (from Ch. 38, par. 86-3)
Sec. 3. As used in this Act, unless the context otherwise requires:

(a) "Litter" means any discarded, used or unconsumed substance or waste. "Litter" may include, but is not limited to, any garbage, trash, refuse, cigarettes, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging construction material, abandoned vehicle (as defined in the Illinois Vehicle Code), motor vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind, any object likely to injure any person or create a traffic hazard, potentially infectious medical waste as defined in Section 3.360 of the Environmental Protection Act, or anything else of an unsightly or unsanitary nature, which has been discarded, abandoned or otherwise disposed of improperly.

(b) "Motor vehicle" has the meaning ascribed to that term in Section 1-146 of the Illinois Vehicle Code.

(415 ILCS 105/8) (from Ch. 38, par. 86-8)
Sec. 8. Persons who violate any of Sections 4 through 7 are subject to the penalties set out in this Section.

(a) Any person convicted of a violation of Section 4, 5, 6 or 7 is guilty of a Class B misdemeanor. A second conviction for an offense committed after the first conviction is a Class A misdemeanor. A third or subsequent violation, committed after a second conviction is a Class 4 felony.

(b) In addition to any fine imposed under this Act, the court may order that the person convicted of such a violation remove and properly dispose of the litter, may employ special bailiffs to supervise such removal and disposal, and may tax the costs of such supervision as costs against the person so convicted.

(c) The penalties prescribed in this Section are in addition to, and not in lieu of, any penalties, rights, remedies, duties or liabilities otherwise imposed or conferred by law.

(d) An individual convicted of violating Section 4 or Section 5 of this Act by disposing of litter upon a public highway may, in addition to any other penalty, be required to maintain litter control for 30 days over a designated portion of that highway, including, at the discretion of the agency having jurisdiction over the section of highway in question, the site where the offense occurred, as provided in Section 50 of the Illinois Adopt-A-Highway Act.

(e) A mandatory minimum fine of $50 must be imposed against any person who is convicted of violating Section 5 of this Act.
(Source: P.A. 98-472, eff. 1-1-14.)

(415 ILCS 105/11) (from Ch. 38, par. 86-11)
Sec. 11. This Act shall be enforced by all law enforcement officers in their respective jurisdictions, whether employed by the State or by any unit of local government.

Prosecutions for violation of this Act shall be conducted by the State's Attorneys of the several counties and by the Attorney General of this State.
(Source: P.A. 99-642, eff. 7-28-16.)

Lincoln laws

And here are some city codes that property owners should be aware of in Lincoln

8-3-4: OBSTRUCTING PUBLIC WAYS:

Whoever shall place, throw or leave, or shall cause to be placed, thrown or left, any obstruction, object, item, impediment, or encumbrance in or upon any street, avenue, alley, public ground or sidewalk, including, but not limited to, snow, ice, leaves, or yard waste, except as authorized by ordinance, shall be liable for a fine of not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00) and to a further fine of seventy five dollars ($75.00) for every twelve (12) hours that he shall not remove such obstruction or encumbrance, and for any subsequent violation within one year, the mandatory minimum fine shall be one hundred fifty dollars ($150.00) after being notified so to do by the street superintendent or any member of the police force. (Ord. 2014-801, 3-3-2014)

8-3-5: LIABILITY FOR INJURY:

Any person who shall place or leave or cause to be placed or left, any encroachment, obstruction or encumbrance in or upon any street, avenue or sidewalk shall in all cases be liable to the city and to private persons for all injury or damage arising therefrom. (1960 Code § 5.12.130)

8-3-8: ALLEYS, GUTTERS KEPT CLEAN:

It shall be the duty of every person owning or occupying any lot or parcel of land adjoining any public or private alley in the city to keep the same clean and in an inoffensive condition, and also keep the gutter in front, behind, or beside the premises owned or occupied by him, or under his control, free from filth or other offensive matter, including, but not limited to, landscape waste or leaves, that may prevent the free flow of water therein. No property owner, occupant or any other person shall place, rake, or blow any leaves or landscape waste in any of the public street gutters adjoining their property owned, occupied or at which a person is working for hire or as a volunteer. A violation of the provisions of this section shall result in a fine of not less than fifty dollars ($50.00) nor more than four hundred dollars ($400.00) for each offense. (Ord. 674, 4-21-2008)

Please be sure to do your part to keep our city streets as well as county roads and highways safe this summer.

[Nila Smith]